剛性—柔性憲法概念在中國的傳播

剛性憲法與柔性憲法系學術界通行的一種憲法分類方式，這一概念由英國學者、政治家詹姆斯·布賴斯於1884年首創，後經他和英國學者戴雪多次闡發。20世紀初，剛性與柔性憲法概念通過日本和歐美兩大路徑傳入中國，引發了王寵惠與張東蓀之間的一場激烈論爭，成為1913年和1916年憲法起草委員會討論的重要議題。隨著中國新式大學的創立和法科教育的展開，剛性與柔性憲法概念隨之在中國知識界廣為傳佈，直至今日。由於學界並不十分清楚剛性與柔性憲法概念的歷史起源及其進入中國的路徑，致使當今的中文憲法教科書在介紹這一重要憲法概念和分類時，普遍存在著時間與人物錯置現象，甚至與成文憲法和不成文憲法概念相混淆。近些年，隨著日本修改憲法的呼聲不斷高漲，剛性憲法與柔性憲法概念再次引起國際學界重視，顯示出持久的生命力與現實意義。

The distinction between rigid constitution and flexible constitution is a widely accepted classification of constitutions. This distinction was first created by the British scholar and politician James Bryce in 1884, and has been elaborated by him and the British scholar Dicey many times. At the beginning of the 20th century, the concepts of rigid and flexible constitutions were introduced into China from Japan, Europe and the United States. This distinction triggered a fierce debate between Wang Chung-hui and Zhang Dongsun, and became an important topic discussed by the Constitution Drafting Committee in 1913 and 1916. With the establishment of modern universities and the development of legal education in China, the concepts of rigid constitution and flexible constitution have been widely spread in China to the very day. However, as the Chinese scholars have not fully grasped the historical origin of the binary of rigid constitution and the flexible constitution and the way they entered China, the current Chinese textbooks of constitutional law generally misplaced the time and persons when introducing this important constitutional concept and classification, even confusing the binary rigid constitution/flexible constitution with written constitution/ unwritten constitution, which was not invented by James Bryce. In recent years, as the voice for amending the constitution continues to rise in Japan, the concepts of rigid constitution and flexible constitution have once again attracted the attention of international scholars, demonstrating their lasting vitality and practical significance.